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HomeMy WebLinkAbout01 - CC-2 - Minutes - 8/21/2012UNOFFICIAL UNTIL APPROVED CC -2 REGULAR ADJOURNED/STUDY SESSION OF THE CITY COUNCIL CITY OF COSTA MESA May 10, 2011 The City Council of the City of Costa Mesa, California met in a regular Study Session on Tuesday, May 10, 2011 at 4:30 p.m. in Council Chamber of City Hall, 77 Fair Drive, Costa Mesa. The Mayor called the meeting to order at 4:30 p.m. ROLL CALL: Council Members Present: Mayor Gary Monahan (left the meeting at 5:30 p.m.) Mayor Pro Tem James Righeimer Council Member Eric R. Bever Council Member Wendy Leece Council Member Stephen Mensinger Council Members Absent: None Officials Present: City CEO Thomas Hatch City Attorney Thomas Duarte Development Services Director Kimberly Brandt Public Services Director Peter Naghavi Interim Finance Director Larry Hurst Budget and Research Officer Bobby Young Interim Director of Communications Bill Lobdell City Clerk Julie Folcik PUBLIC COMMENT (00:11:55) None Received. ITEMS FOR DISCUSSION (00:12:12) 1. Budget Update CEO Hatch introduced the item including the schedule for the budget, items on tonight's agenda and budget -related issues for consideration at upcoming Council meetings. Employee Recognition: Mayor Monahan acknowledged and commended Development Services Director Kimberly Brandt for her twenty-three (23) years service to the City noting this will be her Study Session — May 10, 2011 — Page 1 UNOFFICIAL UNTIL APPROVED CC -2 last meeting with the City of Costa Mesa and will be moving on to the City of Newport Beach. She was presented with a Certificate of Recognition and a bouquet of flowers. Ms. Brandt expressed her appreciation for the opportunity to work for the City and its wonderful staff. Council Member Leece expressed her appreciation to Ms. Brandt for her work, knowledge and representation of the City. 2. Retiree Medical Benefit Program Presentation (00:12:23) Interim Finance Director Larry Hurst introduced Joe Polley of Nyhart, who performed an actuarial valuation on the City's Retiree Medical Benefit Plan as of fiscal year ending June 30, 2010. He addressed specific benefits of the plan, City and employee contributions and deferred to Mr. Pauley for a presentation. Mr. Polley provided his background and experience and a PowerPoint presentation to Council. Mr. Polley presented details of GASB45 noting it is the Government Accounting Standards Board specifically for Other Post Employment Benefits (OPEB) other than pensions. He addressed covered benefits, pay-as-you-go benefits paid by the City before GASB45, implementation of the GASB45 accrual -based accounting, applicable entities, recognition of liabilities by the City, implications, spreading liabilities as they are earned, items to accrue, key disclosure items and key assumptions. He noted that the plan lasts for life. Mr. Polley addressed key results, assets under GASB45 and annual required contributions. In response to an inquiry from Council, Mr. Polley reported that the stream of benefit payments will always be the same regardless of paying -as -you -go or setting aside assets. What will change is the present value of those benefits because a higher discount rate may be used. He addressed the City's OPEB obligation; key retirements included in the calculations, key plan provisions, benefit components, Public Employees' Medical and Hospital Care Act (PEMHCA) fee and employee contributions for future medical costs. Budget and Research Officer Bobby Young explained contributions by the City and employees for additional medical retiree benefits. He noted that the plan has been frozen for the last two years and will continue to be frozen until further negotiations. The money is being held in a trust account (ICMA) for the employees. Mr. Polley addressed pay-as-you-go projections, spousal benefits, contribution caps and the City's unfunded liabilities compared with other cities. In response to Council Member Leece's request, Mr. Hatch reported staff will provide historical data regarding creation of the plan. Study Session — May 10, 2011 — Page 2 UNOFFICIAL UNTIL APPROVED CC -2 Discussion followed regarding financing the unfunded portion of the liabilities, active and retiree liabilities and surrounding cities with comparable plans. In response to Mayor Pro Tem Righeimer's request, City Attorney Duarte will find out if this can be considered a vested right, based on a case in San Diego. Interested parties were invited to address Council on this item. Perry Valentine congratulated Kim Brandt for her service to the City of Costa Mesa. He commented on the unfunded liability noting they are paid as the bills come in and is not something that needs to be paid all at once. He inquired regarding spousal benefits and noted that the PEMHCA will not exceed $500 and is only for people that have worked for the City more than twenty-five years. Mayor Pro Tem Righeimer noted that the cost without unfunded liabilities would be $700,000 per year if funds had been appropriated properly. He stated the current liability is $1.6 million because the obligation was not funded in previous years. He added this is not an expense, but rather a liability. Mr. Proctor suggested providing bi-annual or quarterly projections rather than five- or ten-year projections and reducing OPEB. 3. Marketing and Communication Initiatives Update (00:53:18) Interim Director of Communications Bill Lobdell addressed the importance and benefits of transparency to the City and its citizens. He presented actions taken to improve transparency including seeking bids to redesign the City's website and related costs. He reported that the Costa Mesa Conference and Visitors' Bureau has pledged $40,000 for City website improvements. Mr. Lobdell reported on planned features for the website, process for selecting a vendor and timeline. He addressed the new URL, major changes to the website, addition of a "transparency" page, social media and related challenges, initiation of study sessions to allow public input, development of email lists and a no -cost smart phone app. He reported that staff is working on providing better communications with employees including frequent updates from the Chief Executive Officer and launch of e -briefing, a weekly letter from the CEO to Council which will be accessible to employees and residents upon request. Mr. Lobdell addressed additional videos to provide the public with information, including a two -minute Council wrap-up, active engagement in the media, initiation of a "Fact Check" series, FAQs and community affairs and strategic planning initiatives. He reported actions going forward including a desire for increased public input and consideration of partnerships. Council Member Leece requested adding the SoBeCa District to the list and suggested including a greater variety of pictures in the Facebook page. She agreed with the need for added transparency and public input. Study Session — May 10, 2011 — Page 3 UNOFFICIAL UNTIL APPROVED CC -2 Mayor Pro Tem Righeimer reported on a recent server issue and inquired regarding plans for upgrading same. Mr. Lobdell indicated that will be a top priority for the vendor. Council Member Mensinger suggested live streaming of events. He reported that Microsoft is looking for cities to pilot their "Cloud" concept. Interested parties were invited to address Council on this item. Perry Valentine expressed appreciation for the additional transparency on the website and commented on the "Fact Check" portion and suggested including clarification of facts by the City and responses to comments. Beth Refakes reported using the website and commented positively on the improvements made as well as the change in format of study sessions. She agreed with the "Fact Check" and FAQs sections of the website and addressed the URL, the transparency page, Costa Mesa TV and video productions. Tom Egan indicated he would prefer an honest accounting of assumptions rather than all of the efforts at transparency. Tamar Goldman commented on the website and reported having sent a request for a simplified version of the website, inquired as to the meaning of the headings on the employee compensation page and including specific rather than general information regarding certain items. She suggested inclusion of rebuttals in the "Fact Check" section and recommended straight reporting and information. 4. Consultants Update (01:29:26) Mr. Hatch introduced the item and reported the previous approval by Council of a budget adjustment for the specific purpose of assisting with the City's workload. He presented details of how the money will be spent including details of consulting firms, type of work, functions and services and contract amounts. Discussion followed regarding the use of set-aside HR funds for additional consulting services. Mr. Hatch reported that approval would be needed by Council. He added that the workload is pushing the need for additional assistance. Discussion followed regarding RFP generation, review and analysis and assistance with lay-off procedures by one of the firms. Mr. Hatch expressed appreciation to Mr. Lobdell for his communications assistance and addressed the total expenditures for consultants for this fiscal year. Regarding assistance with economic development, Mr. Hatch reported the project is currently on Study Session — May 10, 2011 — Page 4 UNOFFICIAL UNTIL APPROVED CC -2 hold since there is no staff time to devote to that effort at this time. He added that bids for payroll audit services are being collected and that the item will be brought to Council for input and approval. Interested parties were invited to address Council. Tamar Goldman spoke on the importance of having outside, impartial outsourcing proposals, but wondered regarding the need and the reliability of the providers. Discussion followed regarding full-time communications people that have retired and positions that have been eliminated. Mr. Hatch felt that additional help is needed for the long-term and reported that some positions will be restructured and others eliminated. He noted the need for resources to help with the increased amount of workload. In response to Council Member Leece's inquiry, Mr. Hatch reported that the City's RFPs will require a disclosure component of each RFP. City Attorney Duarte explained the process for recusing on items where a conflict of interest may exist and where Council Member may participate in discussions. Discussion followed on having the ability to quantify the value of outsourcing. COUNCIL MEMBERS REPORTS, COMMENTS, AND SUGGESTIONS (02:02:54) Council Member Leece reminded the public of the upcoming Concerts in the Park and commended the sponsors of the program. Council Member Mensinger requested adding past and current litigation and settlement dollars on the City's website under Transparency. He commented on the success of the recent Local Hire event. ADJOURNMENT The Mayor adjourned the Study Session at 6:36 p.m. Mayor of the City of Costa Mesa ATTEST: Interim City Clerk of the City of Costa Mesa Study Session — May 10, 2011 — Page 5 UNOFFICIAL UNTIL APPROVED CC -2 SPECIAL JOINT MEETING OF THE COSTA MESA CITY COUNCIL AS SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY July 12, 2012 The City Council of the City of Costa Mesa, California met in a Special Adjourned meeting of the City of Costa Mesa City Council as Successor Agency to the Costa Mesa Redevelopment Agency on Thursday, July 12, 2012 at 2:00 p.m. in Council Chambers at City Hall, 77 Fair Drive, Costa Mesa. The Mayor called the meeting to order at 2:00 p.m. ROLL CALL: (00:25) Members Present: Mayor/Agency Member Eric R. Bever Mayor Pro Tem/Agency Member James M. Righeimer (arrived at 2:07 P.M.) Council Member/Agency Member Wendy Leece Council Member/Agency Member Stephen M. Mensinger Council Member/Agency Member Gary Monahan Members Absent: None Officials Present: City CEO Thomas R. Hatch Assistant CEO Rick Francis City Attorney Thomas Duarte Deputy CEO/Economic Development Dir Peter Naghavi Finance/IT Director Bobby Young Agency Special Counsel Kimberly Hall Barlow Public Comments 1. Tamar Goldman, Costa Mesa, stated that even though the City received the request for payment under threat, the City should pay the bill under protest. (00:52) 2. Joy Williams, Costa Mesa, stated that she agreed with the previous speaker and the City should pay the bill promptly. (00:01:33) 3. Robin Leffler, Costa Mesa, stated that there was confusion with AB 1484 and thought that there would be an option for a meet and confer with the agency to protest the bill, but understands that the bill should be paid under protest and thanked the Council for their efforts. (00:01:53) Closed Session (00:04:13) 1. Conference with legal counsel regarding anticipated litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(b) for two cases. The Mayor adjourned the meeting to a closed session in Conference Room 1 B. The Mayor reconvened the meeting and the City Attorney announced that there was no closed session report. Special Joint Meeting/Successor Agency — July 12, 2012 — Page 1 UNOFFICIAL UNTIL APPROVED CC -2 Regular Item (00:16:57) 1. Consideration of State of California AB 1484 Demand for Payment Finance/IT Director Bobby Young and Special Counsel to the Successor Agency Kimberly Hall Barlow presented a report on this item. Ms. Barlow referred to an AB 1484 Demand for Payment from the Orange County Auditor -Controller of an amount that has been determined to be owed by the Costa Mesa Successor Agency. Ms. Barlow provided a brief overview of AB 1484 and stated that the letter from the County was issued on July 9, 2012 with a payment due date of July 12, 2012 and further explained that staff had been working with the County on their calculations, which staff believed to be incorrect. Mr. Young explained the demand for payment received from the County and reiterated Ms. Barlow's comments on the demand and the discrepancies. Mr. Young recommended that the Successor Agency pay the bill under protest and explained that the funds will not be paid from the General Fund, but will be paid from excess Redevelopment Agency money on hand that would be designated for projects. Ms. Barlow stated that staff will continue to work with the County regarding their calculations to correct the amount due and this would also be an attachment to the payment and the letter. Mr. Young and Ms. Barlow responded to questions from Council Members regarding the recent legislation, directives from the State and the County and the demand for payment and possible penalties. MOTION: APPROVE THE RECOMMENDED PAYMENT TO THE ORANGE COUNTY AUDITOR - CONTROLLER, INCLUDE A LETTER STATING THE PAYMENT IS MADE UNDER PROTEST, FOLLOW-UP WITH AUDITOR -CONTROLLER AND DIRECT STAFF TO INVESTIGATE POSSIBLE JOINT LITIGATION, MOVED BY MAYOR PRO TEM RIGHEIMER, SECONDED BY COUNCIL MEMBER LEECE. (00:33:52) The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem James M. Righeimer, Council Member Wendy Leece, Council Member Stephen M. Mensinger, Council Member Gary Monahan Noes: None Absent: None CITY COUNCIL/SUCCESSOR AGENCY MEMBERS' COMMENTS AND SUGGESTIONS None ADJOURNMENT The Mayor adjourned the meeting at 2:36 p.m. Mayor/Agency Member of the City of Costa Mesa Special Joint Meeting/Successor Agency — July 12, 2012 — Page 2 UNOFFICIAL UNTIL APPROVED CC -2 ATTEST: Interim City Clerk of the City of Costa Mesa Mayor/Agency Member of the Successor Agency Interim City Clerk of the City of Costa Mesa Special Joint Meeting/Successor Agency — July 12, 2012 — Page 3 CC -2 UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY CITY OF COSTA MESA August 07, 2012 The City Council of the City of Costa Mesa, California met in a regular session on August 07, 2012 at 5 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor. ROLL CALL PUBLIC COMMENTS CLOSED SESSION Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator, Agency Negotiator regarding Employee Organizations: Costa Mesa City Employee Association (CMCEA), Costa Mesa Firefighters ters Association (CMFA), Costa Mesa Police Association (CMPA), Costa Mesa Police Management Association (CMPMA), Costa Mesa Fire Fighters Management Association, and Costa Mesa Division Managers Association pursuant to Government Code Section 54957.6 CALL TO ORDER - Mayor Eric R. Bever PLEDGE OF ALLEGIANCE - Council Member Stephen Mensinger (00:00:12) MOMENT OF SOLEMN EXPRESSION - Senior Pastor Rod Randall, Harbor Trinity Baptist Church (00:00:35) ROLL CALL (00:01:48) Council Members Mayor Eric R. Bever Present: Mayor Pro Tem James Righeimer Council Member Wendy Leece Council Member Stephen Mensinger Council Member Gary Monahan Council Members None Absent: Officials Present: Chief Executive Officer Thomas R. Hatch City Attorney Thomas Duarte Economic and Development Services Director Peter Naghavi Public Services Director Ernesto Munoz Finance and IT Director Bobby Young Police Chief Tom Gazsi Regular Meeting - August 7, 2012 - Page 1 CC -2 UNOFFICIAL UNTIL APPROVED Interim Fire Chief Tom Arnold Neighborhood Improvement Manager Muriel Ullman Deputy City Attorney Elena Gerli Lt. Rob Sharpnack Management Analyst Dan Baker Interim City Clerk Brenda Green Acting Deputy City Clerk Christine Cordon CLOSED SESSION REPORT (00:02:01) No closed session report. ANNOUNCEMENTS (00:02:06) The mayor played a video clip of the "Costa Mesa Minute," featuring upcoming events and activities in the community. PRESENTATIONS No presentations. The mayor announced that Public Hearing Item No. 1 and Old Business Item No. 2 have been withdrawn. (00:04:33) PUBLIC COMMENTS (00:04:52) Lou Desandro, Costa Mesa, spoke about the upcoming Costa Mesa Pop Warner Football and Cheer opening day and 50th anniversary celebration. (00:04:55) Janice Davidson, Costa Mesa, asked about the Council vote on the charter and commented about neighborhood mechanics. (00:08:47) Terry Koken, Costa Mesa, opined on First Amendment Rights and sang a song. (00:10:48) Greg Thunell, Costa Mesa, apologized for encouraging audience applause at a previous Council meeting, and commented on city finances. (00:13:53) Campbell Davidson, Costa Mesa, expressed concern about the poor conditions of sidewalks and streets damaged by tree roots. (00:16:52) Perry Valantine, Costa Mesa, commented on the proposed charter and the transfer of power resulting from the charter. (00:19:29) Martin H. Millard, Costa Mesa, expressed concern in the lack of a sign on 19th Street related to the revitalization and rebranding of the Westside. (00:22:19) Regular Meeting - August 7, 2012 - Page 2 CC -2 UNOFFICIAL UNTIL APPROVED Sheila Pfafflin, Costa Mesa, opined about the condition of the Westside and commented on the Banning Ranch traffic mitigation agreement. (00:24:40) Joy Williams, Costa Mesa, suggested that language be included in the Banning Ranch traffic mitigation for the traffic, weight volume, and number of vehicles; and commented on funding for radio equipment. (00:27:19) Beth Refakes, Costa Mesa, spoke about the migration of homeless individuals from Lions Park to other areas, and suggested a permanent memorial to honor veterans. (00:30:39) Holly Valentino, Costa Mesa, commented on the Banning Ranch development and its effects on the wildlife and quality of life for residents. (00:33:47) Shirley McDaniels, Costa Mesa, spoke in support of the review of the decision made to approve the Banning Ranch traffic mitigation agreement. (00:36:21) Anthony Valentino, Costa Mesa, commented on the Banning Ranch traffic mitigation agreement and the costs associated with the agreement and development. Tom Pollitt, Costa Mesa, thanked the Council for their efforts in cutting expenses and balancing the budget, and commented on employee pensions and taxes. (00:40:27) Jeff Mathews, Costa Mesa, complimented the Council, and addressed concerns made by public speakers regarding the homeless situation near Lions Park. (00:43:35) Becks Heyho, Costa Mesa, addressed concerns regarding the homeless population. (00:45:15) Robin Leffler, Costa Mesa, expressed concern regarding local government and Council power in the proposed charter. (00:45:56) COUNCIL MEMBERS' REPORTS, COMMENTS, AND SUGGESTIONS (00:48:06) Mayor Pro Tem Jim Righeimer expressed concerns regarding the proposed Tewinkle Park sports complex with Big League Dreams, and requested staff to provide an update; reported a meeting took place with Newport Beach city officials to discuss various issues that affect Newport Beach and Costa Mesa; and announced the upcoming the Olympic Womens' Volleyball competition, which will feature two Costa Mesa residents. (00:48:11) Council Member Wendy Leece thanked those who intended to speak about the withdrawn item related to the Banning Ranch traffic mitigation agreement, and explained her reason for withdrawing the item; referred to a public speaker's comments regarding a sign and Westside revitalization, and noted reduced staffing levels; requested staff to respond to a speaker's concerns regarding solar flares; congratulated the new director of THINK Together; and asked that Regular Meeting - August 7, 2012 - Page 3 CC -2 UNOFFICIAL UNTIL APPROVED the minutes from the July 31, 2012 reflect her reasons for her dissenting vote against the proposed charter. (00:54:10) Council Member Stephen Mensinger spoke about a youth resident's recovery with her 16th brain surgery; announced the upcoming Pop Warner opening day; directed staff to review the sidewalks and trees on Mars Avenue; addressed concerns about the homeless issues and outreach efforts; and commented on the recent canvassing by the Young Democrats in opposition of the charter. (01:01:31) Council Member Gary Monahan commented on the flyer distributed by the Young Democrats against the proposed charter and noted the funding sources of the flyer. (01:08:47) Mayor Eric R. Bever reported on the success of the inaugural First Fridays Road Show and announced the upcoming show; referred to an article in the newspaper regarding the 19th Street Bridge, reiterated the Council's unanimous decision to reaffirm the removal the 19th Street/Banning Avenue bridge from the Master Plan of Arterial Highways, and reasserted his opposition to the 19th Street Bridge. (01:09:06) REPORT - CHIEF EXECUTIVE OFFICER (CEO) (01:15:32) No CEO report provided. CONSENT CALENDAR (01:15:37) MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 15, except for Consent Calendar Item Nos. 2, 4, and 8. Moved by Council Member Wendy Leece, seconded by Council Member Gary Monahan. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council Member Wendy Leece, Council Member Stephen Mensinger, Council Member Gary Monahan Noes: None. Absent: None. 1. Readina Folder. (a) Claim received by the City Clerk: Toufan Blinsly Hedjazi. (b) Requests for Alcohol Beverage Control licenses: Surfas Orange County Inc. dba Surfas Culinary District, 3309 Hyland Avenue, Suite E; Mastros Restaurants LLC dba Mastros Steakhouse, 633 Anton Boulevard; Andre Boudin Bakeries Inc. dba Boudin Bakery, 901 South Coast Drive, Suite N-100; Ashford TRS CM LLC dba Costa Mesa Hilton, 3050 Bristol Street; Shandilya Enterprise Inc. dba Jons Liquor, 2790 Regular Meeting - August 7, 2012 - Page 4 CC -2 UNOFFICIAL UNTIL APPROVED Harbor Boulevard, Suite 101 and 102. (c) Letter of Notification: Southern California Edison, Application for Approval of Energy Efficiency and Demand Response for Integrated Demand Side Management Programs and Budgets for 2013-2014, Application No. A.12-07-004. ACTION: Received and processed 3. WARRANT RESOLUTION 2430: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding City operating expenses for $2,203,354.83. ACTION: Approved 5. WARRANT RESOLUTION 2432: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding City operating expenses for $1,066,227.71. ACTION: Approved 6. Professional Services Agreement with West Coast Arborists, Inc., 2200 East Via Burton Street Anaheim, California, for tree maintenance services for a term of five years in an amount not to exceed $420,000 annually. ACTION: Approved; authorized the Chief Executive Officer and Interim City Clerk to sign 7. Professional Services Agreement with Legacy Inmate Communications 10833 Valley View Street, Suite 150, Cypress, California, for the inmate telephone system in the jail for a term of five years in an amount based on the commission rate of 55 percent. ACTION: Approved 9. Authorize refund of cash deposit in the amount of $7,000 to PMC Concrete Contractors, 1730 Pomona Avenue, #13, Costa Mesa, California, in connection with Encroachment Permit No. PS12-00059 for street improvements at 2945 Airway Avenue. ACTION: Approved Regular Meeting - August 7, 2012 - Page 5 CC -2 UNOFFICIAL UNTIL APPROVED 10. Authorize refund of cash deposit in the amount of $9,457 to J G Construction, 15362 East Prado Road, Chino, California, in connection with Encroachment Permit No. PS12-00206 for street improvements at 290 Bristol Street. ACTION: Approved 11. Authorize refund of cash deposit in the amount of $14,077 to PGMC Inc., Post Office Box 5183, Culver City, California, in connection with Encroachment Permit No. PS11-00506 for street improvements at 1512 Bristol Street. ACTION: Approved 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE BRENTWOOD PARK PHASE III DEVELOPMENT PROJECT. ACTION: Adopt Resolution No. 12-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE BRENTWOOD PARK PHASE III DEVELOPMENT PROJECT. 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SOUTH FAIRVIEW PARK IMPROVEMENT PROJECT. ACTION: Adopt Resolution No. 12-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SOUTH FAIRVIEW PARK IMPROVEMENT PROJECT. 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE ANAHEIM/SUPERIOR STORM WATER MITIGATION PROJECT. ACTION: Resolution No. 12-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE ANAHEIM/SUPERIOR STORM WATER MITIGATION PROJECT. Regular Meeting - August 7, 2012 - Page 6 CC -2 UNOFFICIAL UNTIL APPROVED 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE FAIRVIEW PARK NORTH BLUFF HABITAT RESTORATION AND SLOPE STABILIZATION PROJECT. ACTION: Adopt Resolution No. 12-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE FAIRVIEW PARK NORTH BLUFF HABITAT RESTORATION AND SLOPE STABILIZATION PROJECT. ITEMS REMOVED FROM CONSENT CALENDAR (01:16:07) 2. Minutes of Special Joint Meeting of June 12, 2012: Regular Meeting of July 3, 2012: Regular Adjourned Meeting/Study Session of July 10, 2012: Special Meeting of July 25, 2012: Regular Meeting of July 17, 2012: and Special Meeting of July 31, 2012. (01:16:07) Council Member Leece requested that the minutes of the July 17, 2012 meeting be continued for further review of the discussion regarding the Banning Ranch traffic mitigation agreement. (01:16:09) MOTION: Continue the minutes of the Regular Meeting of July 17, 2012, and approve the minutes of the Special Joint Meeting of June 12, 2012; Regular Meeting of July 3, 2012; Regular Adjourned Meeting/Study Session of July 10, 2012; Special Meeting of July 25, 2012; and Special Meeting of July 31, 2012. Moved by Council Member Gary Monahan, seconded by Council Member Stephen Mensinger. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council Member Wendy Leece, Council Member Stephen Mensinger, Council Member Gary Monahan Noes: None. Absent: None. 4. WARRANT RESOLUTION 2431: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS, INCLUDING PAYROLL REGISTER NO. 12-15 AND PAYROLL REGISTER NO. 12-14A AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID, funding Payroll No. 12-15 for $2,122,630.56 and Payroll No. 12-14A for $2,137.04, and City operating expenses for $1,005,427.14, including payroll deductions. (01:16:48) MOTION: Approve Regular Meeting - August 7, 2012 - Page 7 CC -2 UNOFFICIAL UNTIL APPROVED Moved by Council Member Gary Monahan, seconded by Mayor Pro Tem James Righeimer. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council Member Wendy Leece, Council Member Stephen Mensinger, Council Member Gary Monahan Noes: None. Absent: None. 8. Cooperative Agreement with the County of Orange, OC Community Resources, OC Public Libraries, 1501 East Saint Andrew Place, Santa Ana, California, for the funding of the Beam Replacement Project at Costa Mesa Donald Dungan Library, 1855 Park Avenue. (01:17:10) In response to questions from Council Member Leece, Public Services Ernesto Munoz addressed the length of the project and repairs, library closure dates, notification measures taken to alert the residents of the project and closure, and language to include in notification measures to divert residents to other local branches. (01:17:10) MOTION: Approve; authorize the Mayor and Interim City Clerk to sign Moved by Council Member Gary Monahan, seconded by Council Member Wendy Leece. The motion carried by the following roll call vote: Ayes: Mayor Eric R. Bever, Mayor Pro Tem James Righeimer, Council Member Wendy Leece, Council Member Stephen Mensinger, Council Member Gary Monahan Noes: None. Absent: None. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY No items scheduled. PUBLIC HEARINGS - 7 p.m. (Resolution No. 05-55) (01:19:38) PUBLIC HEARING: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF FULLERTON AVENUE RIGHT-OF-WAY AT 164 FLOWER STREET. (01:19:38) ACTION: Withdrawn OLD BUSINESS (01:19:50) Continued from the meeting of July 17, 2012, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Regular Meeting - August 7, 2012 - Page 8 CC -2 UNOFFICIAL UNTIL APPROVED ADDING CHAPTER III OF TITLE 4 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE BICYCLE PARKING REGULATIONS. (01:19:58) Terry Koken, Costa Mesa, expressed concern in the lack of bicycle parking spaces in the city and on private property, and requested leeway regarding the time a bike can be parked against a public sign before impound. (01:20:37) Mayor Bever indicated that the ordinance only applies to public property. Deputy City Attorney Elena Gerli confirmed that it does not apply to private property, and the City is adopting a policy to not enforce the new laws on public property until bicycle racks are installed. (01:21:58) Perry Valantine, Costa Mesa, commented on the burden to implement the proposed ordinance, and suggested prohibition of parking bicycles in areas that obstruct pathways. (01:23:20) Sheila Pfafflin, Costa Mesa, opined that the language in the proposed ordinance is too broad for its intended purpose, and expressed concern regarding the handling of impounded bicycles. (01:25:52) Mayor Bever indicated there are state or federal laws governing how local government agencies handle personal property. Ms. Gerli elaborated that state law mandates the storage of impounded personal property for 90 days, as well as notice requirements. (01:27:14) Council Member Monahan thanked the Homeless Task Force for moving forward with the ordinance and spoke in support of the ordinance. He addressed concerns made by a public speaker about the availability of bicycle racks on private properties, and indicated that most retailers he frequents have bicycle racks. (01:28:36) Council Member Leece asked why the city did not mirror the approach adopted by the City of Irvine and asked if other cities are using a similar approach to the one proposed. (01:30:41) Ms. Gerli stated that the city does not just have a problem with sidewalks and walkways being blocked, but there are areas in the city where there are accumulations of parked bikes that cause a visual blight in addition to the obstruction of pathways. She stated that the proposed policy mirrors that of the City of Huntington Beach. (01:31:14) Discussion ensued regarding the methods for claiming impounded bicycles, fine and schedule of fees, and anticipated timeline to select and install bicycle racks and enforce the ordinance, and funding of the purchase and installation of bicycle racks. (01:32:30) Mayor Pro Tem Righeimer spoke in support of more bicycle racks in the Regular Meeting - August 7, 2012 - Page 9 CC -2 UNOFFICIAL UNTIL APPROVED city and in support of the proposed ordinance. (01:37:47) Council Member Mensinger spoke in support of the ordinance and asked about the bicycle impound program. (01:40:00) Neighborhood Improvement Manager Muriel Ullman explained that impounded bicycles are sent to the auction house for sale at the end of the month, and indicated that staff is exploring alternatives for the disposal and distribution of impounded operable bicycles. (01:40:00) Mayor Bever expressed appreciation in the efforts, but stated his opposition to the ordinance and in solving homeless issues with solutions that impose limitations on the liberties of residents. (01:42:00) MOTION: Adopt Ordinance No. 12-5: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER III OF TITLE 4 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE BICYCLE PARKING REGULATIONS, to be read by title only, and waive further reading Moved by Council Member Gary Monahan, seconded by Council Member Stephen Mensinger. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem James Righeimer, Council Member Wendy Leece, Council Member Stephen Mensinger, Council Member Gary Monahan Noes: Mayor Eric R. Bever Absent: None. 2. Request for rehearing by Council Member Leece of the determination made at the meeting of July 17, 2012 regarding the Newport Beach Banning Ranch traffic mitigation agreement. /_T��[�7►i��JlilTl�Ji NEW BUSINESS (01:42:41) Urban Master Plan UMP -12-03 screening request for five (5) detached single-family residences at 1856 Placentia Place and 791 Center Street. (01:42:51) Senior Planner Minoo Ashabi presented the report. Mark Rossine, RSI Development, responded to questions regarding the block and perimeter walls, other projects under development in the city, and the housing market. (01:45:22) Council Member Mensinger complimented the builders and spoke in support of the development. Regular Meeting - August 7, 2012 - Page 10 CC -2 UNOFFICIAL UNTIL APPROVED Council Member Monahan praised the development. (01:52:57) 2. ADDointment for vacancv on the Plannina Commission (01:53:37 Economic and Development Services Peter Naghavi presented the report. Mayor Pro Tem Righeimer spoke in support of Mr. Mathews. Council Member Leece spoke in opposition of appointing Mr. Mathews due to potential conflict of interest. MOTION: Appoint Jeff Mathews to the Planning Commission Moved by Mayor Pro Tem James Righeimer, seconded by Council Member Stephen Mensinger. The motion carried by the following roll call vote: Ayes: Council Member Gary Monahan, Council Member Stephen Mensinger, Mayor Pro Tem James Righeimer, Mayor Eric R. Bever Noes: Council Member Wendy Leece Absent: None. 3. Military Banner Program Management Analyst Dan Baker and Jeff Mathews presented the report. Mayor Pro Tem Righeimer spoke in support of the program. Council Member Monahan asked if both designs could be used and interchanged at every other pole, and suggested that honorees be allowed to choose from either design and whether they would like their picture featured. Council Member Mensinger spoke in support of the program. Council Member Leece encouraged residents to present new ideas to the Council and spoke in support of the program. Mr. Mathews thanked Mr. Baker for his work and efforts in moving forward with the program. REPORT - City Attorney No City Attorney report provided. ADJOURNMENT The mayor adjourned the meeting at 8:16 p.m. Regular Meeting - August 7, 2012 - Page 11 ATTEST: Interim City Clerk of the City of Costa Mesa ATTEST: Interim City Clerk of the City of Costa Mesa on behalf of Successor Agency CC -2 UNOFFICIAL UNTIL APPROVED Mayor of the City of Costa Mesa Mayor of the City of Costa Mesa on behalf of Succesor Agency Regular Meeting - August 7, 2012 - Page 12